Onumonu v. State

ON REMAND

ARNOT, Justice.

This is an appeal from a conviction of theft. In an unpublished opinion, this Court affirmed the conviction, holding that the TEX. CODE CRIM.PRO.ANN. art. 37.-07, sec. 4 (Vernon Supp.1989) parole instruction in the jury charge was constitutional. The Court of Criminal Appeals vacated our judgment and remanded the case to this Court for further consideration pursuant to Rose v. State, 752 S.W.2d 529 (Tex.Cr.App.1988).

On its own motion for rehearing, the Court of Criminal Appeals held in Rose that a parole instruction given under Article 37.07, section 4 constituted…